If a child is born to a party that is married, their spouse is presumed to be the father. Alternatively, if a party has a child and puts the father on the birth certificate, that also constitutes an acknowledgement of paternity. If a birth certificate is left blank and the mother was unwed when she had her child, then the parents can fill out and sign an acknowledgement of paternity.
In the absence of these things, the party seeking to establish paternity would need to file a motion with the court. If you are seeking to establish paternity in a child custody case, ask an attorney about paternity tests in New Haven. The knowledgeable lawyers at our firm can walk you through the legal processes and answer any questions you may have.
There are various providers in New Haven and throughout the state that offer DNA tests for establishing paternity. These are typically private companies that work with the court to carry out paternity testing. The facility will take DNA from both the child and the alleged father using a cotton swab or some other collection method. The sampling process tends to be non-invasive.
If the mother is the one filing the paternity action, the alleged father should respond immediately and submit to the DNA testing. If they ignore the paternity action paperwork, the court could adjudge that they are the father by default without a test. It will be difficult to open that judgement later on, so anyone served with a paternity action should immediately seek legal guidance from a skilled attorney in their area.
If the father is the party seeking to establish paternity, they can take a DNA test, assuming that they are able to get a sample from the child. Getting the test early on is recommended so that a party has evidence to present to the court along with their claim for paternity. Where the other parent is not cooperative in having the child submit to the DNA test, the father can seek a court order to have the test performed.
In a child custody case, paternity must be established before custody can be determined. Accordingly, a paternity action is the first step before a custody petition can be filed. As soon as a paternity test determines a person to be the father of a child, their parental rights and responsibilities take effect.
Under the law, a party with established paternity should have access to healthcare records, school documents, or any other information related to their child. When they are adjudged to be the father, they have a basis to file for custody or visitation if there are no other orders previously in place.
If there is a child support claim made by the other parent, then the established father will have a financial obligation to their child. If the mother had to rely on state assistance or healthcare before paternity was determined, the Attorney General of the state of Connecticut can get involved and file a paternity action claim against the father on behalf of the State.
A successful paternity action claim will obligate the father to pay child support and possibly reimburse the state for the financial aid provided, as well as the cost of prosecuting the case. An experienced attorney can further advise a New Haven parent on how paternity testing may impact their child support obligations.
If you are dealing with child custody proceedings involving a paternity determination, contact an experienced attorney at our firm. A well-practiced lawyer can advise on filing the necessary petitions or motions with the court for your specific needs. To learn more about paternity tests in New Haven, call to set up a consultation today.
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